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ACTA Rejected By European Parliament
Grumbleduke writes "Today the European Parliament voted overwhelmingly to reject the controversial Anti-Counterfeiting Trade Agreement. Despite attempts by the EPP Group to delay the vote until after the Courts have ruled on its legality, the Parliament voted against the Treaty by 478 to 39; apparently the biggest ever defeat the Commission has suffered. However, despite this apparent victory for the Internet, transparency and democracy, the Commission indicated that it will press ahead with the court reference, and if the Court doesn't reject ACTA as well, will consider bringing it back before the Parliament."
The European Parliament has to give its consent. The vote was that it denied its consent.
The EC also invoked the European Court of Justice. The ECJ will simply say, we cannot rule on ACTA anymore because the process is terminated.
FFII for analysis.
It may well be that the vote has passed but may not make any difference
http://politics.slashdot.org/story/12/06/26/2116226/eu-commissioner-reveals-he-will-ignore-any-rejection-of-acta
Especially as there appears to be a plan B
http://www.dw.de/dw/article/0,,16070495,00.html
It's a good win at the moment, but the war isn't won.
Watch those corners
This is true, except that the Commission cannot easily change ACTA as is as the treaty is signed. They could ask to have a protocol added which would require the approvals of all the original signing parties which include the US, Canada, the EU, the individual EU member states et.c. This in turn would mean that most governments need to acquire new negotiating mandates from their respective parliaments and so on. This is not a trivial operation.
"Civis Europaeus sum!"
The US Constitution requires any treaty to be ratified by the US Senate. As of now no Senate vote on ACTA has occurred so it's not law even in the USA. But the Justice Department is also insisting they will enforce it.
The EC (unelected and largely unaccountable)
Come on, quit that old bullshit.
The European Commission is appointed and controlled by the governments of the member states, all of them democratically elected.
Ah, indirectly. Most - if not all - EU countries use a parliamentary system, which means our governments are not directly elected, but elected by the parliaments which are directly elected. So you have voters > local parliament > local government > EC. So yeah, that's quite far from the voters. Compare to the EP: voters > EP. One step.
A lot of special interests are bound to be happening through those steps. However, the EC has far less power with the passing of Lisbon, so I wouldn't worry too much.
Clicked pie.
It's rare to see the EU parliament - composing of over half a dozen groups, each of which is umbrella organization for dozens of parties from many countries - to be as united as they were now. They voted not only against the internet restricting laws but also against the kind of shady activity that occurred during ACTA preparations. Whatever the commission says now, I doubt they've got the balls to bring ACTA - or nearly identical equivalents with different name - back anytime soon... it would be such an act of disrespect towards the parliament that things could escalate far more than anyone is willing to risk "just for copyright".
I think we're safe at least until June of 2014 (next parliamentary elections in EU)... that is, of course, unless same provisions are brought back in a bill that also mention child pornography. EU legislators are pretty weak against the "think of the children" argument.